(1) Except as specified in subsection (3) of this section, a person may have a pet dog in an outdoor dining area of a retail food establishment if: (a) The retail food establishment elects to allow pet dogs in its outdoor dining area; (b) A separate entrance is present through which the pet dog enters and exits the outdoor dining area without passing through the retail food establishment; (c) The person does not allow the pet dog on chairs, benches, seats, or other furniture or fixtures; (d) The outdoor dining area is not used for food or drink preparation; except that an employee of the retail food establishment may refill a beverage glass in the outdoor dining area from a pitcher or other container; (e) The pet dog is on a leash or confined in a pet carrier and is under the control of a person; (f) The licensee of the retail food establishment ensures compliance with local ordinances related to sidewalks, public nuisances, and sanitation; and (g) The retail food establishment is in compliance with any other control measures approved by the county or district public health agency. (2) A person who brings a pet dog in an outdoor dining area in accordance with this section is responsible for the behavior of that pet dog. (3) (a) The governing body of a city, county, or city and county may prohibit the presence of pet dogs in outdoor dining areas of retail food establishments located within the governing body's jurisdiction. (b) A retail food establishment may elect not to allow pet dogs in its outdoor dining area. (4) Nothing in this section is intended to restrict the presence of a service animal, as defined in section 24-34-301.
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